(A) Definition Of Words And Phrases: The following words and phrases when used in this code shall, for the purpose of this code, have the meanings respectively ascribed to them in this chapter, except when the context otherwise requires and except where another definition set forth in another chapter of this code and applicable to that chapter or a designated part thereof is applicable.
AXLE LOAD: The total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty inches (40") apart extending across the full width of the vehicle.
CITY: The city of Momence.
COMMERCIAL VEHICLE: Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for hire or not for hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially.
CONSTRUCTION VEHICLE: Any vehicle over ten thousand (10,000) pounds' actual weight, registered gross weight or GVWR that is required to comply with 625 Illinois Compiled Statutes sections 5/12-712 and 12-713 on identification required to be displayed.
GROSS VEHICLE WEIGHT RATING (GVWR): The value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. The GVWR of a combination of vehicles (commonly referred to as the "gross combination weight rating" or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit.
GROSS WEIGHT: The weight of a vehicle whether operated singly or in combination without load plus the weight of the load thereon.
HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
IMPLEMENT OF HUSBANDRY: Every vehicle as defined in the Illinois vehicle code and designed and adapted exclusively for agricultural, horticultural, or livestock raising operations, including farm wagons, wagon trailers or like vehicles used in connection therewith, or for lifting or carrying an implement of husbandry.
MOTOR VEHICLE: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs. For this act, motor vehicles are divided into two (2) divisions:
First Division: Those motor vehicles, which are designed for the carrying of not more than ten (10) persons.
Second Division: Those motor vehicles which are designed for carrying more than ten (10) persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division.
NONDIVISIBLE LOAD OR VEHICLES: Permit loads are deemed to be reasonably dismantled (nondivisible) if, when separated into smaller loads or vehicles, further dismantling would:
1. Compromise the intended use of the load or vehicle; that is, make it unable to perform the function for which it was intended;
2. Destroy the value of the load or vehicle; that is, make it unusable for its intended purpose; or
3. Require more than eight (8) work hours to dismantle using appropriate equipment. The applicant for a nondivisible load has the burden of proof as to the number of work hours required to dismantle the load.
PERMIT ROUTE: The route authorized by the issuing authority with proper jurisdiction over the roadway(s) for which permission has been granted to move a vehicle or combination of vehicles that is in itself indivisible or carrying an indivisible load that exceeds normal dimensions or weight or a combination thereof.
SEMITRAILER: Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
TANDEM AXLES: Any two (2) or more single axles whose centers are more than forty inches (40") and not more than ninety six inches (96") apart, measured to the nearest inch between extreme axles in the series, except as provided in section 15-111 1 for special hauling vehicles.
TRAILER: Every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
TRUCK-TRACTOR: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(B) Overweight And/Or Overdimension Vehicles:
1. It shall be unlawful for any person to be in control of, to drive, to park, or move on, upon or across or for the owner to cause or knowingly permit to be parked, driven, or moved upon or across, any street or highway under the jurisdiction of the city, any vehicle or combination of vehicles exceeding the size and weight limitations stated in 625 Illinois Compiled Statutes sections 5/15-102 (width), 15-103 (height), 15-107 (length), 15-111 (weight) and 15-316 (local restrictions).
2. Size and weights limitations while operating on city streets shall not apply to fire apparatus or equipment for snow or ice removal operations owned or operated by or for any governmental body or private snow and ice removal operations per 625 Illinois Compiled Statutes 5/15-101(c) or to implements of husbandry temporarily operated or towed in a combination in the furtherance of a farm or agricultural endeavor and to any vehicle or combination of vehicles operating under the terms of a valid oversize and/or dimension permit issued by the city. These exceptions do not include operation over a posted weight restricted elevated structure.
3. Where lower size and weight limits or other restrictions are imposed by ordinance under authority of 625 Illinois Compiled Statutes sections 5/15-102, 15-103, 15-107, 15-111, 15-316 and 15-317, and signs indicating such limitations or restrictions are posted, it shall be unlawful to operate any vehicle or combination of vehicles in excess of such size or weight limitations or in violation of such restrictions.
4. Whenever any vehicle or combination of vehicles is operated in violation of this section, the owner and/or driver of such vehicle shall be deemed guilty of such violation and either or both the owner and driver of such vehicle may be prosecuted for such violation.
(C) Permits For Overweight And/Or Overdimension Vehicles:
1. A permit shall be required for the movement of any vehicle or combination of vehicles with a nondivisible load on roadways and bridges within the jurisdiction of the city of Momence which exceeds the dimensions and weights permitted for the particular roadways to be traversed.
For a shipping container to be considered a nondivisible load and eligible to be hauled under an oversize/overweight permit issued by the city of Momence, it must be in a sealed shipping container for international shipment and in route for import or export to/from a foreign country. Upon request from law enforcement or city of Momence officials, the driver must present documentation, such as a bill of lading or manifest that specifically ties the sealed container being moved to the container listed in the documentation through the unique container number (consists of 4 letters and 7 numbers). The documentation must also clearly state the foreign country destination or origin of that container. Failure to produce such documentation shall result in the load being considered a divisible load and ineligible to be permitted.
Furthermore, intermodal oversea container permits must comply with the same axle spacing requirement as the Illinois department of transportation.
(a) Axle Spacing Requirements: The spacing requirements for all overweight loaded routine and LCO permits, as well as all towed routine permits, are as follows:
(1) The spacing between the steer axle and the first axle on the tractor tandem may not be less than eight feet one inch (8'1");
(2) The spacing between the last axle on the tractor and the first axle of the trailer may not be less than eighteen feet six inches (18'6"); and
(3) The sum of all axle spacings must be at least forty three feet six inches (43'6").
As a result, failure to comply with these requirements for the load may be considered to be operating without a permit and subject to be fined back to legal weight.
2. The city with respect to any street or highway under its jurisdiction may upon application to the Momence police department on forms provided by the police department and good cause being shown therefor issue a special permit authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum. The applicant shall furnish the following information in the special permit application:
(a) The name and address of the owner or lessee of the vehicle.
(b) Applicant's name.
(c) Type of permit request whether it be for a single trip, round trip, multiple routing or limited continuous operation (LCO) permit.
(d) The description and registration number of the power unit.
(e) Description of the object or vehicle to be moved.
(f) The number of axles of the vehicle or combination of vehicles.
(g) The maximum axle weights of all single, tandem or series axles.
(h) Maximum gross weight of the vehicle.
(i) The maximum width, length and height of the vehicle and load.
(j) Requested routing over city streets to and from a specific location.
3. For purposes of this section, the following definitions apply:
(a) A one-way or single trip movement means one move from the point of origin to the point of destination. Any additional stops between the point of origin and the point of destination are expressly prohibited. Single trip permits are effective for seven (7) consecutive days from the date of issuance unless otherwise directed by the Momence police department.
(b) "Round trip movement" means two (2) trips over the same route in opposite directions with the same vehicle and load. Round trip permits are effective for fourteen (14) consecutive days from the date of issuance.
(c) Multiple moves are those in such close proximity to each other in distance or in time that the police department would consider incorporating two (2) or more permit moves within one permit application. Multiple move permits, when granted by the police department, shall be for a period of time not to exceed ninety (90) days from issuance.
(d) Limited continuous operation (LCO) permits may be issued to a vehicle and load in a like manner as the Illinois department of transportation upon presentation of a valid copy of the IDOT, Kankakee County, Momence Township and Ganeer Township issued LCO permit (should any of these be necessary for access to/from city of Momence maintained highways), and payment of the appropriate fees established in the accompanying fee schedule.
4. The owner or his or her agent shall submit an application fee based on the below chart for a single routing which will be valid for seven (7) calendar days (single issue), round trip routing valid for fourteen (14) calendar days (single issue) and multiple and LCO routings valid for a base period of one week, one calendar month or quarter (3 months). Multiple and LCO permits may be issued for a maximum of four (4) consecutive permit periods with the permit fee calculated in the appropriate multiples of the base week, month or quarter permit. Permits are valid only for the date periods specified on the permit and for the specific vehicle, load and routing as established by the Momence Chief of Police or designee. No substitution of vehicle, load or routing is permitted without expressed written permission by the Chief of Police or his/her designee and the permit must be carried physically or electronically in the power unit to which the permit applies.
(D) Fee Schedule; Regular Permits (Does Not Include Limited Continuous Operation International Intermodal Shipments):
Permit Size | Fee1 | ||||
Single Trip | Round Trip | Multiple (Per Quarter) | LCO (Per Quarter) (Nonintermodal) | ||
Permit Size | Fee1 | ||||
Single Trip | Round Trip | Multiple (Per Quarter) | LCO (Per Quarter) (Nonintermodal) | ||
Weight (with load): | |||||
Up to 100,000 pounds | $ 50.00 | $ 75.00 | $150.00 | $150.00 | |
100,001 - 120,000 | 75.00 | 100.00 | 200.00 | 200.00 | |
120,001 - 150,000 | 100.002 | 125.002 | |||
Over 150,000 | 100.002 | 125.002 | |||
Width (with load): | |||||
Up to 12' | 25.00 | 40.00 | 75.00 | 75.00 | |
12'1" - 13'6" | 50.00 | 75.00 | 100.00 | 100.00 | |
Over 13'6" wide | 50.002 | 75.002 | |||
Height (with load): | |||||
13'6" - 14'6" | 25.00 | 40.00 | 75.00 | 75.00 | |
Over 14'6" | 50.002 | 75.002 | |||
Length (with load): | |||||
Up to 100' | 25.00 | 40.00 | 75.00 | 75.00 | |
Over 100'0" | 50.002 | 75.002 | |||
Notes:
1. If a vehicle requires a permit due to multiple weight and/or dimension issues, the total fee will be based on the largest individual weight or dimension factor only.
2. Plus necessary and appropriate administrative, engineering and road damage fees.
(Ord. 796, 7-20-2015)
(E) Fee Schedule; Limited Continuous Operation International Intermodal Shipments:
Permit Size - Weight (With Intermodal Container) | Fee | ||
Week Monday - Sunday | Calendar Month | Quarter January 1 - March 31 April 1 - June 30 July 1 - September 30 October 1 - December 31 | |
Up to 100,000 pounds | $100.00 | $300.00 | $750.00 |
100,001 - 120,000 | 150.00 | 450.00 | 100.00 |
Spotter semi-tractors (permitted route: Railroad Avenue between Third and Sixth Streets. No axle spacing requirements or international paperwork required to be carried in vehicle) | 750.00 | ||
(Ord. 796, 7-20-2015; amd. Ord. 826, 3-20-2017)
(F) Permit Provisions:
1. The Chief of Police or his or her designee is authorized to approve the application for approved routes. Upon approval and payment of all required fees, the Momence Police Department shall issue a permit allowing passage of the oversize and/or overweight vehicles over City streets. The permit shall be specific and contain:
(a) Permit number.
(b) The dates the permit is valid.
(c) Whether the permit is for single, round, multiple or LCO trip routing.
(d) The description of object or vehicle to be moved.
(e) Authorized gross weight, axle weights, width, length and height.
(f) The authorized routing over City streets including the origin and termination point within the City.
(g) The fee paid.
(h) The date and signature of the Chief of Police or his or her designee.
(i) In addition, the permit will specify general conditions that the permittee must comply with that are consistent and reasonable for the protection of the general public and city streets.
2. It is the duty of the permittee to read and familiarize himself or herself with the permit provisions upon receipt. Undertaking of the permit move is deemed prima facie evidence of acceptance of the permit and that:
(a) The permittee is in compliance with all operational and provision requirements;
(b) All dimension, axle spacing and weight limitations specified in the permit will not be exceeded;
(1) The spacing between the steer axle and the first axle on the tractor tandem may not be less than eight feet one inch (8'1"); and
(2) The spacing between the last axle on the tractor and the first axle of the trailer may not be less than eighteen feet six inches (18'6"); and
(3) The sum of all axle spacings must be at least forty three feet six inches (43'6").
(c) All operation, registration and license requirements have been complied with;
(d) All financial responsibilities, obligations and other legal requirements have been met; and
(e) The permittee assumes all responsibility for injury or damage to persons or to public or private property, including his or her own, or to the object being transported, caused directly or indirectly by the transportation or movement of vehicles and objects authorized under the permit. He or she agrees to hold the city harmless from all suits, claims, damages, or proceedings of any kind and to indemnify the city for any claim it may be required to pay arising from the movement.
3. The permit shall be carried in the vehicle (either physically or electronically) to which the permit applies at all times while operating on streets within the city and shall be exhibited upon demand to any law enforcement officer, police officer or authorized official of the city.
4. Whenever any vehicle is operated in violation of the provisions of a city permit whether it be by size, weight or general/special provisions, and either or both the owner or driver of such vehicle shall be deemed guilty and either or both the owner or the driver of such vehicle may be prosecuted for such violation.
(G) Vehicles Prohibited On Certain Streets:
1. As provided under the authority of 625 Illinois Compiled Statutes sections 5/15-101, 15-111 and 15-316, it shall be unlawful to operate any vehicle upon any street where the operation of that vehicle is prohibited by ordinance and where signs of such prohibition are posted. Vehicles operating under the authority of 625 Illinois Compiled Statutes section 5/15-101, 15-111 or 15-316 while utilizing city streets under "reasonable access" rules will be considered in violation of this section if they are not utilizing the most direct route to points of loading and unloading.
2. The following streets are restricted to a six (6) ton (12,000 pounds) weight limit as determined by registered weight, gross vehicle weight rating (GVWR), gross combination vehicle weight rating (GCWR) or actual weight:
Street | From |
Street | From |
Ash Street | 2nd Street to 7th Street |
Chestnut Street | 4th Street to 7th Street |
Chocolate Street | River Street to Washington Street |
Indiana Street | State Route 1 to State Route 17 |
Keyser Street | Oak Street to railroad right of way |
Locust Street | River Street to 7th Street |
Maple Street | Washington Street to 7th Street |
Mill Street | State Route 1 to the east end |
Railroad Avenue | Washington Street to 3rd Street |
River Street | Range Street (State Route 1) to Chocolate Street |
Walnut Street | Washington Street to 7th Street |
Washington Street | Range Street (State Route 1) to Railroad Avenue |
2nd Street | Range Street (State Route 1) to Railroad Avenue |
3rd Street | Range Street (State Route 1) to Railroad Avenue |
4th Street | Range Street (State Route 1) to Railroad Avenue |
5th Street | Range Street (State Route 1) to Railroad Avenue |
6th Street | Range Street (State Route 1) to Railroad Avenue |
7th Street | Range Street (State Route 1) to Railroad Avenue |
3. The superintendent of public works is authorized and directed to post or cause to be posted, streets designated as restricted weight and/or dimension routes as governed by subsection (G)2 of this section.
(H) Oversize Vehicles Permitted On Certain Streets:
1. As provided under the authority of 625 Illinois Compiled Statutes section 5/15-111, the city has designated the following portions of streets and/or highways as class II designated streets. Vehicles utilizing those as such, can be of a length consistent with 625 Illinois Compiled Statutes section 5/15-107.
Class II designated streets:
Street | From |
Mechanic Street | Range Street (State Route 1) to the westernmost end |
Railroad Avenue | Industrial Drive to 3rd Street |
2. The superintendent of public works is authorized and directed to post or cause to be posted, streets designated as class II truck routes as governed by subsection (H)1 of this section.
(I) Penalty:
1. Any violation of the weight limitations set forth in this chapter, any person, firm or corporation who or which violates, disobeys, neglects, fails to comply with, or resists enforcement of, the provisions of this chapter shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. A separate offense shall be deemed committed on each calendar day a violation occurs; or
2. For any violation of 625 Illinois Compiled Statutes 5/15-316, any person, firm or corporation convicted of such violation shall be fined an amount as provided in 625 Illinois Compiled Statutes section 5/15-316(e) as now in effect or as hereafter amended and in effect as of the date of such violation; and/or
3. For any violation of the dimension and weight limitations set forth in 625 Illinois Compiled Statutes 5/15-102, 103, 107 and 111, any person, firm or corporation convicted of such violation shall be additionally fined an amount as provided in 625 Illinois Compiled Statutes section 5/15-113 as now in effect or as hereafter amended and in effect as of the date of such violation.
4. In addition to seeking a fine, as hereinabove provided, the city attorney may institute any proper action in the name of the city of Momence to enjoin the violation of any provision of this chapter or to collect any damages allowed by law, including, but not limited to, liability for damages as provided in 625 Illinois Compiled Statutes section 5/15-318 as now in effect or as hereafter amended and in effect as of the date of the underlying violation.
5. Whenever any vehicle or combination of vehicles is operated in violation of this section, the owner and/or driver of such vehicle shall be deemed guilty of such violation and either or both the owner and driver of such vehicle may be prosecuted for such violation. (Ord. 796, 7-20-2015)
(J) Use Of Revenues Restricted: Separate accounting procedures shall be established for the collection, holding and disbursement of revenues generated under this chapter. Sixty percent (60%) of revenues thus generated are to be used solely for street repairs. Forty percent (40%) of revenues thus generated are to be used for police department equipment purchases. (Ord. 810, 2-15-2016)
(K) Local Farmers' Inbound Grain Vehicles:
1. For the period of August 1 through December 15 of each calendar year, all inbound local farmers' vehicles, whose primary purpose on city of Momence streets is to deliver grain to Orr Grain, Inc., located at 500 Railroad Avenue in Momence, Illinois, may use the following route: From Dixie Highway, turn east on River Street, then north on Chocolate Street to Washington Street, turn east on Washington Street to Railroad Avenue, north on Railroad Avenue to Orr Grain, Inc.
2. At no time will any vehicle be allowed to use this route when exiting Orr Grain, Inc. All outbound semi-tractor trailers must use Railroad Avenue to Industrial Drive as a means of departing from Orr Grain, Inc. No provisions of this subsection shall allow for any vehicle to be stopped on, or obstructing any part of the roadway, as defined in the Illinois Compiled Statutes. (Ord. 818, 9-19-2016)
Notes
| 1 | 1. 625 ILCS 5/15-111. |